COMMONWEALTH OF KENTUCKYLEGISLATIVE RESEARCH COMMISSION

GENERAL ASSEMBLYLOCAL MANDATE FISCAL IMPACT ESTIMATE

2003 REGULAR SESSION2002-2003 INTERIM

MEASURE

2003 RS BR / 1225 / Amendment: / Committee / Floor
Bill #: / HB 330 / Amendment #
SUBJECT/TITLE / An ACT relating to sexual offenders
SPONSOR / Representative Mike Cherry

MANDATE SUMMARY

Unit of Government: / X / City; / X / County; / X / Urban County Government

Program/

Office(s) Impacted: / Local law enforcement/County Jails
Requirement: / X / Mandatory / Optional

Effect on

Powers & Duties / X / Modifies Existing / Adds New / Eliminates Existing

PURPOSE/MECHANICS

The measure amends KRS 17.495 to prohibit registered sex offenders from being on or about the grounds of schools and day care facilities. The measure amends KRS 17.990 to provide that a violation of the prohibition be classified as a Class A misdemeanor.

FISCAL EXPLANATION/BILL PROVISIONS / ESTIMATED COST

The fiscal impact of HB 330 on local governments is indeterminable, but is expected to be minimal. The measure prohibits sex offenders from being on or about the grounds of schools and day care centers. Exceptions are made for parent-teacher conferences, transportation of students, civic functions, and attending classes at the school. The measure provides that a violation of the prohibition be classified as a Class A misdemeanor.

The measure also provides that no registrant, as defined in KRS 17.500, nor any person residing outside of Kentucky who would be required to register under KRS 17.510 if the person resided in Kentucky, shall be on or loitering about the grounds of a high school, middle school, elementary school, preschool, or licensed day care center except as provided above.

Parents for Megan's Law recently contacted all 50 states by telephone to ask about the accuracy of their registries. They found that states on average were unable to account for 24% of the sex offenders supposedly residing in the state; who should have been listed in the state's computerized data base. The survey indicated Oklahoma and Tennessee ( a border state with Kentucky) had the highest rates of noncompliance, both at 50%. The databases are supposed to help the public and police monitor sex offenders by keeping track of their home and work addresses and other personal data.

Interviewees of local law enforcement indicated little if any fiscal impact from the measure. Many law enforcement agencies currently patrol these areas as routine operations. The measure could enhance their ability to protect the most vulnerable segment of the citizenry from these type predators. Additional training will not be necessary to comply with the measure.

Class A misdemeanants become wards of the county and are incarcerated in county jails. Sentences can be for up to a year imprisonment. Daily per diem costs associated with this type incarceration average $27.51 per day. It is not possible to predict how many of these type offenders will violate provisions of the measure, or how many victimizations will be prevented, if the measure is enacted. However, the fiscal impact is expected to be minimal.

DATA SOURCE(S) / LRC Staff
KY Sheriffs Association
Jessamine County Sheriff
KY Jailers Association
PREPARER / Doug Huddleston / REVIEW / DATE

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